Debt Validation Letter (FDCPA § 1692g) - Montana

DEBT VALIDATION REQUEST UNDER 15 U.S.C. § 1692g

TABLE OF CONTENTS

1. Sender and Recipient Information
2. Subject and Reference
3. Introduction and Statement of Dispute
4. Specific Information Requested
5. Statutory Demand to Cease Collection Pending Verification
6. Optional Cease-Communication Demand (15 U.S.C. § 1692c(c))
7. Credit Reporting Notice
8. Montana-Specific Notice
9. Reservation of Rights
10. Signature
11. Proof of Service / Mailing
12. Practice Notes
13. Sources and References

1. SENDER AND RECIPIENT INFORMATION

FROM (Consumer):

[CONSUMER FULL LEGAL NAME]

[STREET ADDRESS]

[CITY, MT ZIP]

Telephone: [OPTIONAL — only if you want collector to call]

TO (Debt Collector):

[DEBT COLLECTOR / AGENCY NAME]

Attn: Compliance / Validation Department

[STREET ADDRESS]

[CITY, STATE ZIP]

Date: [__/__/____]

Method of delivery: USPS Certified Mail, Return Receipt Requested, Article No. [________________________________]

2. SUBJECT AND REFERENCE

RE: Notice of Dispute and Request for Validation of Debt under 15 U.S.C. § 1692g

3. INTRODUCTION AND STATEMENT OF DISPUTE

To Whom It May Concern:

This letter is sent in response to your communication referenced above. I dispute this debt in its entirety and request validation of the debt pursuant to 15 U.S.C. § 1692g(b) and 12 C.F.R. § 1006.34. This dispute is timely because it is being delivered within thirty (30) days after my receipt of your initial communication.

I am not refusing to pay any amount that I am legally obligated to pay; I am exercising my federal statutory right to require you to validate the alleged debt before continuing any collection activity.

4. SPECIFIC INFORMATION REQUESTED

Pursuant to 15 U.S.C. § 1692g and 12 C.F.R. §§ 1006.34 and 1006.38, please provide the following:

• ☐ The name and address of the original creditor as defined in 15 U.S.C. § 1692g(a)(5);
• ☐ A complete account history showing the itemized current amount of the debt, including principal, interest, fees, and any other charges, together with the itemization date as required by 12 C.F.R. § 1006.34(b)(3);
• ☐ A copy of the original signed agreement, contract, or other instrument establishing my obligation to the original creditor;
• ☐ Documentation establishing your chain of title to collect this debt (e.g., assignment or sale documents, bills of sale, transfer affidavits) if you are a debt buyer or assignee;
• ☐ Verification that the alleged debt is within the applicable statute of limitations in Montana;
• ☐ A copy of any judgment entered against me on this account, if applicable;
• ☐ Your license number under the Montana Collection Agency Act (Mont. Code Ann. Title 32, Chapter 5), if you are required to be licensed; and
• ☐ The identity and license/registration status of any attorney involved in collecting this debt.

5. STATUTORY DEMAND TO CEASE COLLECTION PENDING VERIFICATION

Pursuant to 15 U.S.C. § 1692g(b), you are required to cease all collection activity with respect to the disputed debt until you obtain verification and mail that verification to me at the above address. This includes, without limitation:

• Stopping all phone calls, text messages, voicemails, and email communications regarding the debt;
• Refraining from filing or continuing any lawsuit on the debt;
• Refraining from reporting the debt — or, if previously reported, refraining from any further reporting — to any consumer reporting agency without identifying it as disputed under 15 U.S.C. § 1692e(8); and
• Refraining from contacting any third party about the debt except as expressly permitted by 15 U.S.C. § 1692b.

Continuing collection activity in violation of § 1692g(b) is itself a per se violation of the FDCPA.

6. OPTIONAL CEASE-COMMUNICATION DEMAND (15 U.S.C. § 1692c(c))

☐ I additionally invoke my right under 15 U.S.C. § 1692c(c) and demand that you CEASE ALL FURTHER COMMUNICATION with me concerning the alleged debt, except to (i) advise that further collection efforts are being terminated, (ii) notify me of specific remedies you may invoke, or (iii) notify me that you intend to invoke a specific remedy.

7. CREDIT REPORTING NOTICE

If you have already reported, or hereafter report, this disputed debt to any consumer reporting agency, you must report it as "disputed by consumer" as required by 15 U.S.C. § 1692e(8) and 12 C.F.R. § 1006.30(b). Failure to do so is a separate violation of the FDCPA.

I further reserve all rights under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., to dispute any inaccurate, incomplete, or unverifiable trade line that you furnish to any consumer reporting agency.

8. MONTANA-SPECIFIC NOTICE

Your conduct in connection with this debt is subject to the Montana Consumer Protection Act, Mont. Code Ann. § 30-14-101 et seq. Unfair or deceptive acts or practices in trade or commerce are unlawful under § 30-14-103 and may give rise to a private action under § 30-14-133, including:

• Recovery of actual damages or $500.00, whichever is greater;
• Discretionary trebling of damages where actual damages do not exceed $100,000.00; and
• Reasonable attorney's fees (capped at $250 per hour under § 30-14-133(3)).

Out-of-state collection agencies attempting to collect from Montana consumers must comply with the Montana Collection Agency Act, Mont. Code Ann. Title 32, Chapter 5.

9. RESERVATION OF RIGHTS

I expressly reserve all rights and remedies available to me under federal and Montana law, including but not limited to the FDCPA, the FCRA, the Telephone Consumer Protection Act (47 U.S.C. § 227), the Montana Consumer Protection Act, and Montana common law (including for invasion of privacy or intentional infliction of emotional distress where applicable).

Nothing in this letter shall be construed as an acknowledgment of the debt, a waiver of any defense, or a promise to pay.

10. SIGNATURE

Sincerely,

[________________________________]

[CONSUMER NAME — printed]

Date: [__/__/____]

11. PROOF OF SERVICE / MAILING

12. PRACTICE NOTES

• 30-day window — receipt, not mailing. The dispute must be received by the collector within 30 days of the consumer's receipt of the initial communication, but the FDCPA is silent on the date the dispute itself must be sent. Best practice: send within 30 days of receipt and use Certified Mail to establish both timeliness and delivery.
• Effect of dispute. Under 15 U.S.C. § 1692g(b), once the collector receives the written dispute, it must cease collection until it mails verification. Failure to do so is a per se FDCPA violation.
• Regulation F. The CFPB's debt-collection rule (12 C.F.R. Part 1006) supplements FDCPA validation requirements. § 1006.34 requires specific itemization and an itemization date, and § 1006.38 governs disputes after the validation period.
• Montana licensing. The Montana Collection Agency Act (Title 32, Chapter 5, MCA) generally requires out-of-state collectors doing business with Montana residents to obtain a license from the Montana Division of Banking and Financial Institutions. Confirm licensure status through the Division (NMLS lookup) before pursuing claims based on unlicensed activity.
• Limitations period. FDCPA claims must be brought within one year of the date of violation, 15 U.S.C. § 1692k(d). MCPA claims are typically subject to MCA § 27-2-211 (two-year statutory liability period); verify with counsel.
• Rohrer exemption. The Montana Supreme Court's Rohrer v. Knudson, 2009 MT 35, recognizes an MCPA exemption for transactions otherwise comprehensively regulated (e.g., insurance, securities). Standard third-party debt collection is not within the exemption.
• Spanish-language disclosures. Collectors using Spanish-language communications under Regulation F have additional translation duties (12 C.F.R. § 1006.34(e)). Note the language of any received communications.

13. SOURCES AND REFERENCES

• 15 U.S.C. § 1692g (Validation of debts) — https://www.law.cornell.edu/uscode/text/15/1692g
• 15 U.S.C. § 1692c (Communication in connection with debt collection) — https://www.law.cornell.edu/uscode/text/15/1692c
• 12 C.F.R. § 1006.34 (Notice for validation of debts) — https://www.consumerfinance.gov/rules-policy/regulations/1006/34/
• 12 C.F.R. § 1006.38 (Disputes and requests for original creditor information)
• Mont. Code Ann. § 30-14-101 et seq. — https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0010/sections_index.html
• Mont. Code Ann. § 30-14-133 — https://law.justia.com/codes/montana/title-30/chapter-14/part-1/section-30-14-133/
• Mont. Code Ann. Title 32, Chapter 5 (Montana Collection Agency Act)
• CFPB Debt Collection Rule — https://www.consumerfinance.gov/rules-policy/final-rules/debt-collection-practices-regulation-f/
• Montana Department of Justice, Office of Consumer Protection — https://dojmt.gov/consumer/
• FTC FDCPA text — https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Montana should review and customize this letter before sending if litigation is contemplated. Laws, citations, and regulations change frequently; verify all authorities before use.